S.D. Admin. R. 41:04:04:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 41:04:04:05 - Requirements for dock and floating dock maintenance

Requirements for dock and floating dock maintenance are as follows:

(1) All docks and floating docks shall be securely anchored in place to prevent drifting;

(2) All docks and floating docks shall be free of safety hazards and shall be maintained so they do not constitute a public nuisance or severely detract from the aesthetic values of the public waters and the shoreline of adjacent property;

(3) The flotation material used in docks and floating docks shall be composed of low-density, closed-cell, rigid plastic foam; high impact polyethylene, fiber-glass; or other inert materials. Airtight, water-tight containers that are free of toxic or pollutive substances may also be used for flotation;

(4) All electrical wiring, connections, facilities, or appurtenances serving a dock shall conform to the regulations adopted by the South Dakota state electrical commission;

(5) Floating docks that are not attached to or in contact with the shoreline shall, from sunrise to one-half hour after sunset, have attached to them a red flag at least 3 feet above the floor and plainly visible from a distance of at least 150 feet. No such floating dock may remain on the waters from one-half hour after sunset until sunrise except when secured as close to the shoreline as possible. This section does not apply to floating docks placed in areas restricted for swimming by a political subdivision or the department.

S.D. Admin. R. 41:04:04:05

SL 1975, ch 16; 46 SDR 074, effective 12/2/2019

General Authority: SDCL 32-3A-1(6).

Law Implemented: SDCL 32-3A-1(6).